You can file petition for declaration that marriage is null and void as performed during subsistence of earlier marriage

2) also file case of bigamy against wife under section 494 of IPC

Surely you can file a criminal case as well a case for divorce and ask the court to insist for decree to be produced by her .It is surely a case of bigamy which is not permitted in HMA

No, there is no need to file divorce petition is she was married already and not divorced yet.

You can file the criminal complaint before the magistrate for offence of bigamy by her.

Hello sir , you can file annulment of marriage on the grounds of cheating and Fraud .. As per Hindu marriage act your marriage is null and void ..

You will be in trouble if you pursue this matter as law does not permit second marriage without dissolving subsisting marriage.

You can file for divorce. Is your marriage registered?

Has she mentioned that this is her 2nd marriage?

In the marriage certificate?

In that case you will be able to prove your case easily.

If not you will have to gather all evidence and then proceed to file for divorce.

For the other complaints lodged if you fear arrest it would be advisable to seek anticipatory bail.

1) You can file against fraud under section 12 of HMA.

Central Government Act

Section 12 in The Hindu Marriage Act, 1955

12 Voidable marriages .—

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if—

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied—

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 15 [the said ground].

(i) Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage. Marriage founded on fraud from very inception is a nullity; Sunder Lal Soni v. Smt. Namita Jain, AIR 2006 MP 51.

(ii) Misrepresentation as to the age of the bridegroom made to the mother who acted as an agent and the daughter consented for the marriage believing the statement to be true. It was held that the consent was vitiated by fraud; Babui Panmate v. Ram Agya Singh, AIR 1968 Pat 190.

2) Ask her to get proof in the court that she got divorce decree from court. And now you can file for divorce under adultery, desert and cruelty.

You need to do nothing then taking a good advocate of your town

A hindu male or female cannot remarry without obtaining divorce form their 1st Marriage it was your first marriage but her 2nd marriage which makes the marriage illegal

And since the marriage is illegal means there was no marriage at all then no one out of u both can file a divorce against anyone

U need not to worry just you have to project your evidences by displaying her first marriage and if any pictures you have with old husband and also try obtaining their marriage certificate

Which in turn will make no case against you

1. You run a high risk of being sued by her husband with the charge of bigamy.

2. You can claim that recently (with in last one year) you have come to know that she has not availed the decree of divorce from her husband which she had told you before you married her and then file a petition for annulment of your marriage.

3. If the marriage is annulled, all her cases filed or to be filed against you shall be rejected and she will get no maintenance/alimony/compensation from you.

4. You can also lodge a police complaint against her for marrying you giving false information about your marriage bringing the charge of cheating against her.

Your marriage with your wife is bad, since she was already married at the time of her marriage with you. Your marriage with her is void in terms of the Hindu Marriage Act.

Since yours is a void marriage, you do not have to apply for a divorce, rather you've to file a petition seeking annulment of your marriage. Contact a local Lawyer to get this done.

Since your marriage at first place is void ab initio, none no of the cases filed by your wife is maintainable against you. Once you apply for annulment, challenge the maintainability of all the cases filed by your wife against you.

You simply file a case for divorce on the fact that she concealed the fact of her prions marriage not annulled by divorce which makes your wedding automatically void ab initio.

This would also help you in your criminal cases filed by her on you.

Hi

As per your description your marriage was not a valid one as you married an already married lady.

So file a complaint of cheating and fraud against your "wife" with local police authorities.

Thank you

If she had not obtained divorce prior your marriage is null and void. File a case against your wife for bigamy and cheating. Dowry case will not stand better approach high court to quash proceedings.If she cannot produce any document to show she got decree that is enough ground to get rid of dowry harassment case.

Respected sir ....

First of all Whatever she is doing to you is just next to hell you must have to reply her her own way ...Just go to police station and lodge FIR against her under section 494 and 406 of IPC ...She had cheated upon you ...And file divorce petition under section 13-A of HMA seeking divorce decree along with all the annexure and evidence that can show that she had already married prior to getting married with me and as she had committed as offence of bigamy ..Both things will make her on her knee's in front of you ...Just be strong and lodge FIR and divorce petition ...She will be easily get her punishment..

Thank you

Dear Sir,

It is a clear case of bigamy which attracts the following IPC offences

Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

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You may file a private complaint before Magistrate and collect some evidence to support to your allegations. Even evidence of two or three persons is sufficient at the preliminary stage to registered a case and issue summons/warrant against your wife for the said offences.

Secondly you can file a divorce in Family Court under the provisions of Hindu Marriage Act (I am assuming that you both belongs to Hindu Religion). On the basis of evidence produced by you in respect of earlier marriage the present marriage will declared as null and void. In this background since your wife committed an IPC offences so she is not entitled for any relief of maintenance or alimony. So also you may approach High Court to set aside DV Act proceedings on the ground of earlier marriage of your wife. You will definitely succeed.

1. File a case of 420 at the place where you two were last residing together.

Not divorce but I would advise you to file a case for annulment of the marriage, since your marriage was not a valid marriage.

Regards

You can file a petition seeking to annul the marriage which null and void since there was a marriage subsisting and the spouse living at the time contracting this marriage with you.

You can claim that you were not aware of this fact till this date and she had falsely stated that she was divorce which she still maintains.

The proof of she living with her spouse of the original marriage in the present stage is a clear proof that she was not divorced by him till this date.

You cannot file any criminal case against her at this stage.